Probate actions

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Probate actions guidance:

The nature of disputes as to lifetime dispositions Particularly where an estate appears to be smaller than anticipated, personal representatives (PRs) and beneficiaries...

Practice Note

Dear [insert organisation name] [PROSPECTIVE CLAIMANT’S NAME] AND [PROSPECTIVE DEFENDANT(S) NAME(S)] The estate of [name] deceased LETTER OF CLAIM—[Potential claim to set...

Precedents

Produced in partnership with Edward Hewitt of 5 Stone Buildings Dear [insert organisation name] Our Client: [ ] Your Client: [ ] Re: [insert property address] We act on...

Precedents

The legal costs position in probate claims is often misunderstood. This Practice Note looks at: • the costs in probate proceedings relating to the validity of the Will,...

Practice Note

Caveats A caveat is a written notice that a person who wishes to prevent a grant being issued may enter in any registry or sub-registry. Generally, a caveat is used if a...

Practice Note

A citation is issued under the seal of the Principal Registry of the Family Division or a district probate registry. It contains the reason for its issue and the interest...

Practice Note

Construction claims are very common and there is a wealth of case law on the subject but the result is a complex and confusing area. Essentially, such claims are brought...

Practice Note

Forfeiture claims may not be probate actions by definition, but they will inevitably involve personal representatives and/or beneficiaries in court proceedings....

Practice Note

Testamentary dispositions will be set aside where: • the Will itself is forged • the Will provisions are as a result of dishonest statements or actions • a person, with a...

Practice Note

A grant of probate may be taken out by a maximum of four from any of the executors appointed by the deceased in their Will who are not under a legal disability, subject...

Practice Note

What is intermeddling? An individual who performs certain duties which a personal representative (PR) would perform to administer a deceased’s estate intermeddles in the...

Practice Note

With increased life expectancy comes increased mental illness as people’s bodies outlive their minds. Dementia and other mental illnesses including depression, anxiety,...

Practice Note

Dear [insert organisation name] [name] Deceased (the Deceased) We act for [name] who is [the residuary beneficiary under the Deceased’s Will dated [date] OR a beneficiary...

Precedents

The term ‘mutual Wills’ is used to describe joint or separate Wills made as a result of an agreement between the parties to create irrevocable interests in favour of...

Practice Note

Types of revocation There are two areas in which an action involving revocation may occur: • where there is a challenge, on an application to prove a will in solemn form,...

Practice Note

Secret trusts The enforcement of secret trusts has it roots in equitable doctrines. Here, though, it is not the Will itself that may be the subject of a claim but a...

Practice Note

Only the Court of Protection has the power to execute a Will or codicil on behalf of an incapacitated person. A person cannot delegate the power to make their Will to...

Practice Note

It is rare to see an action to set aside a Will based solely on undue influence, and equally as rare to see a claim succeed either on a sole basis or in concert with...

Practice Note

In order to validate their Wills testators dying before 1 January 1964 must have followed the execution formalities set out in the Wills Act 1837 (WA 1837) and Wills Act...

Practice Note

Before a Will is admitted to probate the court must be satisfied that the testator knew and approved of its contents at the time that they executed the Will. Assuming the...

Practice Note

These are not probate actions within the definition set out in part 57.1 of the Civil Procedure Rules 1998 (CPR) but they are, necessarily, matters with which personal...

Practice Note

In Thorner v Major, Lord Walker began his judgment by quoting from Simon Gardner in Introduction to Land Law (2007): ‘There is no definition of proprietary estoppel that...

Practice Note

The legal principles which apply where there is a civil dispute between parties about the disposal of the body of a deceased person are considered, including the...

Practice Note

The court's power to rectify A claim for rectification is not actually a probate claim as such, but it is relevant under that general heading by way of an amplification...

Practice Note

Warning to caveator, Rule 44(5) In the High Court of Justice Family Division [The nominated registry as defined by rule 44(15)] To [name] of [address] a party who has...

Precedents